KIWI EXPAT ASSOCIATION INCORPORATED ("KEA NEW ZEALAND" or “KEA”)

KEA CONNECT APPLICATION AND PARTICIPATION TERMS AND CONDITIONS (“T&Cs")

Our Agreement with you begins upon you paying the Kea Connect admin fee. By submitting your application and paying the fee you are deemed to have read, understood and accepted the Ts & Cs.

1. INTRODUCTION
   1. These Ts & Cs set out the core responsibilities, requirements, and obligations for Business Owners (or senior managers) that apply to the Kea Connect Service.
   2. In these Ts & Cs the Business Owner (or senior manager) that requests the Kea Connect Service is referred to as the ‘Seeker’, and an individual they are introduced to via the service is referred to as the ‘Solver’.
   3. The Kea Connect Service is offered on a project basis. A project is defined as a single request for introductions from a Seeker, which will result in a minimum of one (1) and a maximum of five (5) introductions to Solvers across a maximum of two (2) export markets.
   4. Kea New Zealand can update these T&Cs at any time, and the latest copy will always be the current version on the Kea Connect webpage. An updated version will apply from the date it is placed on the website. Please check the website regularly to review the T&Cs.
   5. The Kea Connect Service is not a substitute or replacement for commercial or professional business advice. There is no guarantee or representation made that the connection will lead to business growth or success. (Please also see paragraph 5 of the T&Cs)
   6. This Agreement shall be governed, construed and enforced in accordance with the laws of New Zealand.

2. THE KEA CONNECT SERVICE
   1. The purpose of the Kea Connect Service is to provide access to business insights and advice for business owners, entrepreneurs and senior management of New Zealand registered businesses. ‘Seekers’ are matched with volunteer ‘Solvers’ from Kea’s international network for a one-time, meeting or phone call to seek advice for their business.
   2. A connection to a Solver includes the Solver offering guidance, suggestions, and recommendations, based on your business needs and the Solver's own experience, expertise, skills and knowledge. However, you remain responsible for making your own choices and decisions in your business, and the outcome of those decisions.
   3. After completing your application and paying the Administration Fee, you will be contacted by a Kea New Zealand staff member to discuss your application to determine your business needs to find the most suitable Solvers from the Kea Community.
   4. After an initial search, Kea New Zealand will supply an anonymised list of profiles of potential Solvers for feedback from the Seeker. These profiles will include brief information about the Solvers to highlight how their experience aligns with the Seekers request.
   5. Kea will then directly approach Solvers to request a connection on behalf of the Seeker. WIth the Solver’s consent, Kea New Zealand will then introduce the Seeker to the Solver so they (the Seeker) can arrange a time to meet with the Solver. Meetings may be in-person, virtual or via a phone call, depending on the location, availability and preferences of both parties.
   6. Seeker Obligations: By initiating a Kea Connect project you:
      1. Agree to pay the Administration Fee which contributes to Kea’s costs associated with the project, and acknowledge it is non-refundable whether you proceed with meeting with the supplied Solvers, or not.
      2. Acknowledge that the Solver is a volunteer who is not acting in a commercial or professional or paid capacity.
      3. Acknowledge that Kea Connect is a soft introduction service only. While we can connect you with a Solver who can provide advice on securing customers, investment, 3PL’s or partners, this is in an advice capacity only. The Solver Kea connects you with is under no obligation to provide any financial support to the Seeker in any capacity, nor should they be asked to do so.  
      4. Understand and accept that the success of your business is up to you and any advice given is not a substitute for your own research and business planning. Advice given by the Solver is not guaranteed to achieve business success or growth.
      5. Agree to allocate reasonable time to prepare for your meetings with Solvers and come to these meetings fully prepared to take advantage of the time allocated with the Solver.
      6. Will give any feedback and information to Kea as requested and respond to surveys in connection with the Kea Connect service in a timely manner using the reporting systems and following the processes required by Kea New Zealand..
      7. Understand and accept that your Solver is not authorised to make decisions, carry out actions or enter into transactions for you or on your behalf.
      8. Will engage or use your own professional advisors and independent suppliers of products and services and not a Solver for accounting, legal and financial or other services, where you wish to rely on advice, recommendations and warranties, or quality or suitability of the product, services or advice.
      9. Understand that an introduction via Kea Connect is for a one-time meeting with each Solver, and a Solver has no obligation to offer continued support or advice beyond the initial meeting.
      10. Acknowledge that Kea Connect Services are intended for New Zealand owned and operated businesses and you must provide evidence that you own and/or work for a business registered in New Zealand, with a valid New Zealand Business Number (NZBN)

3. PRIVACY, INFORMATION AND INTELLECTUAL PROPERTY
   1. You agree that all support, input and communications you receive from Kea, or Kea’s staff or Solvers are intended solely for your own situation and business, and must not be shared with, or offered as advice or recommendations to any other person.
   2. You agree to receive communications from Kea that are essential to the functionality of the Kea Connect Service by email at the address you have provided or telephone at the number you have provided. You also agree that Kea may send you certain marketing, and other information and communications from us and on occasion from our partners and agents and suppliers by email from time to time. You may opt out of all or any non-essential communications at any time by following the instructions on the communication or contacting us.
   3. Personal information means information that can identify a person such as name, address, email or phone number. Confidential Information means all information or data about a person or business or financial affairs that is manifestly confidential, not publicly or widely known or available, or identified as confidential when disclosed. 
      1. We agree to treat all your personal information and confidential information in our possession or control with a high degree of confidentiality and security and in accordance with our privacy policy.
      2. We will not use, disclose to, sell or discuss with any other person, copy or retain any confidential Information or personal information other than as necessary for the provision of the Kea Connect Service (including reporting and audit requirements).
      3. To enable the services to be provided effectively, you authorise Kea to disclose appropriate levels of your personal information and of confidential information to solvers and government departments that support or fund the Kea Connect Service; and Kea New Zealand's professional advisors and auditors.
      4. With your permission we may publish case studies and success stories and name you or your business as a user of the Kea Connect Service.
      5. We will advise all persons to whom we disclose your personal information and confidential information of their obligations not to use or disclose your information outside the scope of the Kea Connect service; but we have no control over third parties' actions and will not be liable to any person for unauthorised use or access to the information.
   4. All Kea New Zealand publications, content and materials, website content, tools and appearance, blogs, webinars, surveys, systems, forms, software and other intellectual property related to the Kea Connect Service belong to Kea New Zealand or their partners or named authors. You agree that you will not copy or use or share any Kea intellectual property or content without Kea New Zealand's prior approval.
   5. If you wish to share or republish any Kea information or content including case studies or success stories relating to your business, you must first get permission from Kea New Zealand; and the source and author must be identified, and the content represented without amendments.

4. CONDUCT
   1. You acknowledge that:
      1. Kea is a non-profit entity, and
      2. The costs of Kea’s operations and supply of the Kea Connect Service through Kea New Zealand and its agents are subsidised and/or supported by government departments and Kea New Zealand’s partners; and
      3. It is of utmost importance that all activities and actions of Kea New Zealand are carried out to the highest standards of integrity, honesty, ethical and moral values and transparency; and subject to a higher level of public and governmental judgement and scrutiny than a privately owned and funded organisation.
   2. You agree to act with integrity, honesty, courtesy, lawfully, ethically and without conflict in all regards at all times in connection with the Kea Connect Service.
   3. You must not offer any gifts, rewards, or benefits to any staff member of Kea New Zealand, a Solver, or other person connected with the Kea Connect Service, or act in a way that could be seen as a conflict of interest to any person or organisation, in any way related to the Kea Connect Service.

5. NO GUARANTEES AND NO LIABILITY
   1. You acknowledge and agree that you apply for and accept the Kea Connect Services strictly and solely on the basis that Kea New Zealand, and its staff will use reasonable efforts to provide a useful, helpful, volunteer based service; but no promise, guarantee, warranty, representation or claim whatsoever is given by Kea or its staff, or Solvers that: 
      1. The Kea Connect Service is provided in trade, or as a professional or commercial service;
      2. You can rely on any guidance, suggestions, advice or support as being correct, complete or applicable to your business or circumstances;
      3. The Kea Connect Service will result in success, or solution of all or any issues or problems, or lead to business improvements or growth or increase in turnover or profit; or that the services and advice will be fit for purpose, suitable for your needs or of any level of quality;
      4. Any Solver you are matched with has any particular or relevant level of skill, experience, expertise or knowledge that will be of benefit to you.
   2. If you have any complaint or claim against Kea or a member of Kea’s staff or a Solver or are dissatisfied with the Kea Connect Service:
      1. You must advise Kea New Zealand in writing of the full details of the claim or dissatisfaction as soon as practicable and at the latest within 30 days of the issue or event arising or becoming known to you;
      2. Kea will attempt to respond to and deal with all complaints and claims in good faith and you agree to work cooperatively with Kea New Zealand in good faith to endeavour to resolve your complaint or claim;
      3. No further action may be taken or filed in any court of law by or on behalf of you before you have genuinely attempted to resolve the matter with Kea, or at Kea's option through the involvement of a mediator or facilitator. This clause does not prevent a party filing an interlocutory, interim application for an urgent matter;
      4. Regardless of any outcome, finding or judgement, in no circumstances whatsoever will Kea or any of its staff or Solvers be liable to you or any third party for any loss, damages, or costs; but if liability is found, it will not exceed the amount of the Administration Fee paid by you to Kea New Zealand;
      5. You agree that you will not make or publish any announcement or opinion or statement, or disparage or criticise Kea, a Kea staff member or Solver without that person's or organisations knowledge and consent.

6. END OF KEA CONNECT PROJECT
   1. The outcome of each project will be a connection, or series of introductions to Solvers from Kea’s network.
   2. Each project will result in a minimum of one (1), and a maximum of five (5)  introductions to Solvers identified by Kea New Zealand matched to the Seeker’s request in a maximum of two (2) markets.
   3. It is the responsibility of the Seeker to arrange the time, date and method of meeting with a Solver
   4. You may apply for additional connections or additional markets by completing a new application and paying another Administration Fee.
   5. Kea may cancel your project at any time if you are in breach of these T&Cs.
   6. Kea will contact the Seeker for feedback on the Kea Connect Service three months after making introductions to Solvers. Following this, the project will be considered closed.

7. FEES AND PAYMENTS
   1. All fees are set and charged in New Zealand Dollars
   2. The administration fee for a single Kea Connect project is $295.00, excluding Goods & Services Tax. (GST).
   3. The administration fee covers the time and resources from Kea to work with the Seeker to define the project and search Kea's database and connect with appropriate Solvers.
   4. All fees payable to Kea must be paid via the site’s direct payment gateway or, where agreed, by invoice and direct bank transfer.
   5. You are obliged to pay the full fee for a project, even if you request the withdrawal of your project at any time, or do not use or fully use the service, or follow through with the connections to Solvers
   6. Where Kea has agreed to issue an invoice, payments must be made within seven (7) days of the invoice date. If payment is not made by the due date, Kea reserves the right to remove the Kea Connect project without notice and may refuse to supply further services to you until payment is made.
   7. In the event Kea is unable to facilitate any connections, you will be eligible for a refund. This refund is only applicable when Kea is unable to match you with a Solver. 
   8. Refunds will not be given to Seekers who are not satisfied with the connection following a meeting with the Solver. If there is a problem with your connection we encourage you to contact Kea and we will work with you to resolve this. 
   9. Kea Connect provides advice and information to support a businesses decision making process.